AB529: Bill Text

AB529,8,21 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a naturopathic doctor licensed under ch. 466, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB529,22 Section 22. 180.1901 (1m) (h) of the statutes is created to read:

AB529,8,25 180.1901 (1m) (h) Naturopathic medicine examining board under ch. 466, except that “health care professional" does not include a limited-scope naturopathic doctor licensed by the naturopathic medicine examining board under ch. 466.

AB529,23 Section 23. 252.11 (10) of the statutes is amended to read:

AB529,9,9 252.11 (10) The state laboratory of hygiene shall examine specimens for the diagnosis of sexually transmitted diseases for any physician, naturopathic doctor, physician assistant, advanced practice nurse prescriber, or local health officer in the state, and shall report the positive results of the examinations to the local health officer and to the department. All laboratories performing tests for sexually transmitted diseases shall report all positive results to the local health officer and to the department, with the name of the physician, naturopathic doctor, physician assistant, or advanced practice nurse prescriber to whom reported.

AB529,24 Section 24. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.

AB529,25 Section 25. 252.14 (1) (ar) 4s. of the statutes is created to read:

AB529,9,12 252.14 (1) (ar) 4s. A naturopathic doctor licensed under ch. 466.

AB529,26 Section 26 . 255.06 (1) (d) of the statutes is amended to read:

AB529,9,18 255.06 (1) (d) “Nurse practitioner" means a registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k), and whose practice of professional nursing under s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, naturopathic doctor, dentist, or podiatrist.

AB529,27 Section 27 . 255.07 (1) (d) of the statutes is amended to read:

AB529,9,22 255.07 (1) (d) “Health care practitioner" means a physician, a naturopathic doctor, a physician assistant licensed under s. 448.04 (1) (f), or an advanced practice nurse who is certified to issue prescription orders under s. 441.16.

AB529,28 Section 28. 257.01 (5) (a) and (b) of the statutes are amended to read:

AB529,9,25 257.01 (5) (a) An individual who is licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a naturopathic doctor under ch. 466, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 89, or certified as a respiratory care practitioner under ch. 448.

AB529,10,12 (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a naturopathic doctor under ch. 466, licensed as a registered nurse, licensed practical nurse or nurse-midwife, under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 89, or certified as a respiratory care practitioner under ch. 448, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

AB529,29 Section 29. 440.03 (13) (b) 39g. and 39h. of the statutes are created to read:

AB529,10,14 440.03 (13) (b) 39g. Naturopathic doctor.

AB529,10,15 39h. Naturopathic doctor, limited-scope.

AB529,30 Section 30. 440.08 (2) (a) 47g. and 47h. of the statutes are created to read:

AB529,10,17 440.08 (2) (a) 47g. Naturopathic doctor: January 1 of each odd-numbered year.

AB529,10,19 47h. Naturopathic doctor, limited-scope: January 1 of each odd-numbered year.

AB529,31 Section 31. 446.02 (9) (e) of the statutes is created to read:

AB529,10,22 446.02 (9) (e) A naturopathic doctor or limited-scope naturopathic doctor acting within the scope of his or her license under ch. 466.

AB529,32 Section 32. 448.03 (2) (a) of the statutes is amended to read:

AB529,11,5 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice midwifery under subch. XIII of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or under any other statutory provision, to practice naturopathic medicine under ch. 466, or as otherwise provided by statute.

AB529,33 Section 33 . 448.56 (1) of the statutes is amended to read:

AB529,11,21 448.56 (1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2). Written referral is not required if a physical therapist provides services in schools to children with disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning, or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2) who made the diagnosis. The examining board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.

AB529,34 Section 34 . 448.56 (1m) (b) of the statutes is amended to read:

AB529,12,3 448.56 (1m) (b) The examining board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber makes a written referral under sub. (1). The purpose of the rules shall be to ensure continuity of care between the physical therapist and the health care practitioner.

AB529,35 Section 35. 450.03 (1) (e) of the statutes is amended to read:

AB529,12,11 450.03 (1) (e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under s. 450.076, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449, to practice naturopathic medicine under ch. 466, or to practice veterinary medicine under ch. 89, or as otherwise provided by statute.

AB529,36 Section 36. 450.10 (3) (a) 12. of the statutes is created to read:

AB529,12,14 450.10 (3) (a) 12. A naturopathic doctor or limited-scope naturopathic doctor licensed under ch. 466.

AB529,37 Section 37 . 450.11 (7) (b) of the statutes is amended to read:

AB529,12,19 450.11 (7) (b) Information communicated to a physician, naturopathic doctor, physician assistant, or advanced practice nurse prescriber in an effort to procure unlawfully a prescription drug or the administration of a prescription drug is not a privileged communication.

AB529,38 Section 38. 450.11 (8) (g) of the statutes is created to read:

AB529,12,22 450.11 (8) (g) The naturopathic medicine examining board, insofar as this section applies to naturopathic doctors.

AB529,39 Section 39. 462.04 of the statutes is amended to read:

AB529,13,7 462.04 Prescription or order required. A person who holds a license or limited X-ray machine operator permit under this chapter may not use diagnostic X-ray equipment on humans for diagnostic purposes unless authorized to do so by prescription or order of a physician licensed under s. 448.04 (1) (a), a naturopathic doctor licensed under s. 466.04 (1), a dentist licensed under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician assistant licensed under s. 448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical therapist licensed under s. 448.53.

AB529,40 Section 40. Chapter 466 of the statutes is created to read:

AB529,13,9 chapter 466

AB529,13,10 naturopathic MEDICINE

AB529,13,11 466.01 Definitions. In this chapter:

AB529,13,12 (1) “Board" means the naturopathic medicine examining board.

AB529,13,13 (2) “Drug” has the meaning given in s. 450.01 (10).

AB529,13,15 (3) “Limited-scope naturopathic doctor" means an individual licensed under s. 466.04 (2).

AB529,13,18 (4) “Minor office procedure" includes the methods for the repair and care incidental to superficial lacerations, superficial abrasions, and superficial lesions and the removal of foreign bodies located in the superficial tissues.

AB529,13,19 (5) “Naturopathic doctor" means an individual licensed under s. 466.04 (1).

AB529,13,25 (6) (a) “Naturopathic medicine” means, except as provided in par. (b), a system of primary health care for the prevention, diagnosis, and treatment of human health conditions, injury, and disease; the promotion or restoration of health; and the support and stimulation of a patient's inherent self-healing processes through patient education and the use of naturopathic therapies and therapeutic substances, including all of the following:

AB529,14,3 1. Ordering and performing physical and laboratory examinations, for diagnostic purposes, consistent with naturopathic education and training, including all of the following:

AB529,14,4 a. Diagnostic or evaluation methods.

AB529,14,5 b. Physical examinations.

AB529,14,6 c. Clinical laboratory tests.

AB529,14,7 d. Diagnostic sonography.

AB529,14,8 e. Electrocardiography.

AB529,14,9 f. Phlebotomy.

AB529,14,10 2. Ordering diagnostic imaging studies.

AB529,14,11 3. Dispensing, administering, ordering, or performing any of the following:

AB529,14,12 a. Health education and health counseling.

AB529,14,15 b. Food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanical medicines, homeopathic medicines, dietary supplements, and nonprescription drug products.

AB529,14,17 c. Hot or cold hydrotherapy, naturopathic physical medicine, the use of therapeutic medical equipment, and therapeutic exercise.

AB529,14,19 d. Devices, including therapeutic devices, barrier contraception, and durable medical equipment.

AB529,14,21 e. Any other diagnostic, therapeutic, or other procedure authorized by rule under s. 466.03 (2) (a).

AB529,14,22 4. Prescribing, dispensing, and administering drugs, subject to s. 961.397.

AB529,14,23 5. Performing minor office procedures.

AB529,15,2 6. Signing and attesting to any certificates, cards, forms or other required documentation that a physician may sign, so long as it is within the naturopathic doctor's scope of practice. This subdivision does not supersede any federal or state statute, rule, or regulation.

AB529,15,3 (b) “Naturopathic medicine” does not include any of the following:

AB529,15,4 1. Performing any surgical procedure other than a minor office procedure.

AB529,15,5 2. Using general or spinal anesthetics.

AB529,15,6 3. Administering ionizing radioactive substances for therapeutic purposes.

AB529,15,8 4. Performing surgical procedures involving the eye, ear, tendons, nerves, veins, or arteries that extend beyond superficial tissue.

AB529,15,11 5. Performing any procedure or practice that is prohibited by the board by rule under s. 466.03 (2) (a) or that is excluded from the definition of naturopathic physical medicine under sub. (7) (b).

AB529,15,16 (7) (a) “Naturopathic physical medicine” includes, except as provided in par. (b), manually administering mechanical treatment of body structures or tissues for the purpose of restoring normal physiological function to the body by normalizing and balancing the musculoskeletal system of the body, such as massage, stretching, resistance, or joint play examination.

AB529,15,19 (b) “Naturopathic physical medicine” does not include the employment or application of chiropractic adjustments and the principles or techniques of chiropractic science as described in s. 446.01 (2) (b).

AB529,15,20 (8) “Nonprescription drug product" has the meaning given in s. 450.01 (13m).

AB529,15,24 466.02 License required; use of titles. (1) (a) Except as provided in subs. (2) (a) and (b) and (3), no person may practice naturopathic medicine or make a representation that he or she is authorized to do so unless the person is licensed under this chapter.

AB529,16,10 (b) 1. Except as provided in subs. (2) (b) and (3), no person may designate himself or herself as a naturopathic doctor or doctor of naturopathic medicine; use or assume the title “naturopathic doctor," “doctor of naturopathic medicine," or “doctor of naturopathy"; use the words “naturopathic medicine” or “naturopathic health care” in connection with his or her practice; append to the person's name the letters “N.D." or “ND"; use any other titles, words, letters, abbreviations, insignia, or designation that would imply that the individual is licensed, certified, or registered as a naturopathic doctor or doctor of naturopathic medicine; or claim to render naturopathic medicine or naturopathic health care services unless the person is licensed under s. 466.04 (1) or (2).

AB529,16,14 2. Except as provided in subs. (2) (b) and (3), no person may use or assume the title “naturopathic medical doctor” in connection with his or her practice or append to the person's name the letters “N.M.D.," or “NMD" unless the person is licensed under s. 466.04 (1).

AB529,16,15 (2) (a) Subsection (1) (a) does not require a license for any of the following:

AB529,16,17 1. Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

AB529,16,18 2. The provision of information in connection with the sale of vitamins or herbs.

AB529,16,20 3. The provision of advice regarding the use of a therapy, including herbal medicine, homeopathy, nutrition, or other nondrug or nonsurgical therapy.

AB529,16,23 4. Any individual acting under an exemption from the requirement to obtain a license to practice medicine and surgery under s. 448.03 (2), to the extent that the individual's activities also fall within the practice of naturopathic medicine.

AB529,17,3 5. Any person who is providing patient services as directed, supervised, and inspected by a naturopathic doctor who has the power to direct, decide, and oversee the implementation of the patient services rendered.

AB529,17,4 (b) Subsection (1) (a) and (b) does not require a license for any of the following:

AB529,17,7 1. The practice of naturopathic medicine by an individual employed by the federal government while the individual is engaged in the performance of duties prescribed by federal law.

AB529,17,10 2. A person who is licensed to practice naturopathic medicine in another state or country and is providing consultation to or with or a demonstration to or with a naturopathic doctor who is licensed under this chapter.

AB529,17,15 3. The practice of naturopathic medicine by a student enrolled in an approved naturopathic medical program that qualifies under s. 466.04 (1) (d) 1., provided that the performance of services is pursuant to a course of instruction or assignments from an instructor and is under the supervision of the instructor. The student shall use the title “ND candidate” with the intended year of graduation.

AB529,17,17 (3) The board may, by rule, establish additional exemptions from the requirements under sub. (1).